2024 INSC 1010
Criminal Appeal No.3175 of 2024 Page 1 of 17
Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.3175 of 2024
(@ SLP (Crl.) No. 10262 of 2024)
The State of Orissa
…Appellant(s)
Versus
Pratima Behera
…Respondent(s)
J U D G M E N T
C.T. RAVIKUMAR, J.
1. In this Appeal by Special Leave, the appellant
challenges the judgment dated 31.01.2017 passed by the
High Court of Orissa, Cuttack in Criminal Revision
No.381 of 2016. The said Revision Petition was filed by
the respondent herein challenging the order dated
05.03.2016 passed by the Court of Special Judge
(Vigilance), Balasore, in T.R. Case No.43 of 2013
whereunder it rejected the application of the respondent
under Section 239 of the Code of Criminal Procedure,
1973 (for short, “the Cr.P.C.”) for discharge and the
challenge against framing of charge under Section 109 of
Criminal Appeal No.3175 of 2024 Page 2 of 17
the Indian Penal Code, 1860 (for short, “the IPC”) read
with Section 13(1)(e) punishable under Section 13(2) of
the Prevention of Corruption Act, 1988 (for short, “the PC
Act”). As per the impugned judgment dated 31.01.2017,
the High Court set aside the framing of charge under the
aforementioned sections of the said enactments and
discharged the respondent under Section 239 of the Cr.
P.C.
2. Heard the learned counsel for the ...